General Average A Handbook/Справочник по авариям

Книга на английском языке.
This handbook presents the law, rules and practice relating to general average. Numerous cases on the subject are included. The first two chapters include an introduction and a brief analysis of s 66 of the UK Marine Insurance Act 1906.The subsequent chapters address specific subjects of general average that have often come into question, namely costs of repairs and other costs incurred at a port of refuge; substituted expenses and piracy; exception where the general average incident was caused by the actionable fault of a party; and time limit. They discuss these specific subjects both from the perspective of the common law/the Act and York Antwerp Rules.The chapter before the last contains an outline of the York Antwerp Rules 2016, rule by rule, in a summary form. The last chapter is an appendix of summary of general average cases decided by the English courts in the last decade from 2012 to 2021.Additional info: This handbook is based on English law. It is up to date with materials available as of November 2021.

Contents
Preface
Acknowledgement
About the Author
Table of Contents
Table of Cases
Table of Statutes
Table of York Antwerp Rules
1 Introduction
2 Marine Insurance Act 1906, s 66
2.1 ‘Extraordinary’ sacrifice or expenditure
2.2 ‘Sacrifice’
2.3 ‘Expenditure’
2.4 ‘Voluntarily’ made or incurred
2.5 ‘Reasonably’ made or incurred
2.6 Sacrifice or expenditure ‘in time of peril’ to ‘preserve the property imperilled’
3 Repairs and Costs at Port of Refuge and Transshipment
3.1 Temporary repairs to general average and non-general average damage
3.2 Port of refuge costs: entry, exit, discharge and reloading
3.3 Transshipment and non-separation agreement
4 Substituted Expenses, Piracy and K&R Insurance as ‘Complete Code’
4.1 Piracy: Rule F and Rule C
4.2 K&R Insurance as ‘Complete Code’
5 General Average Loss by Actionable Fault of a Party
6 Time Limit
7 York Antwerp Rules
7.1 York Antwerp Rules 2016
8 Cases Summary 2012-2021
8.1 The Free Goddess [2021] EWHC 226 (Comm)
8.2 The Polar [2020] EWHC 3318 (Comm)
8.3 The CMA CGM Libra [2020] EWCA Civ 293
8.4 The BSLE Sunrise [2019] EWHC 2860 (Comm)
8.5 The Lady M [2019] 2 All ER (Comm) 731
8.6 The Longchamp [2018] 1 All ER 545
8.7 The NV Jia Li Hai [2017] EWHC 2509 (Comm)
8.8 The Cape Bonny [2017] EWHC 3036 (Comm)
8.9 The Maersk Neuchatel [2014] All ER (D) 29 (Jun)
8.10 The Lehmann Timber [2013] All ER (D) 59 (Jun)
Index